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(영문) 서울남부지방법원 2012.08.17 2011고정3790

강제추행등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 17, 2011, the Defendant committed indecent act by compulsion: (a) in tourist buses parked in CY parking lots around 18:30 on July 17, 201; (b) on the part of the rest area, the victim D was going ahead of the Defendant after the victim D was listed on the bus in a ice coffee bus at the rest area; and (c) on the part of the victim, the victim’s panty was fright and forced the victim to commit indecent act.

2. In the time, place stipulated in paragraph 1, the injured defendant was able to resist the victim’s indecent act by compulsion as in paragraph 1, and the victim’s hand floor was able to inflict bodily injury on the right-hand shot in need of treatment for about two weeks from the victim’s blick.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of D police statement;

1. According to the reasoning of conviction in the medical certificate of diagnosis, ① the victim D consistently made a statement that corresponds to the facts charged from the police investigation to the court. In particular, it is difficult to find specific grounds to file a false criminal complaint against the defendant and to find unfavorable statements against the defendant. ② The dispute between the defendant and the victim in the tourist bus as indicated in the judgment at the time of the instant case is recognized by the defendant. It is difficult to find any grounds for dispute between the defendant and the victim, who is a man of 52 years old at the time of the instant case, operated by the Taekwondo sports center, etc. for about about 20 years, and the victim, who is a woman of 32 years old, other than the victim's assertion by indecent act. On the other hand, the defendant stated on the fifth trial date that the victim took the same shape as the victim takes the part of the defendant's desire without any justifiable reason, and thus, the victim appears to have been in the same shape as the victim took the defendant's desire without any justifiable reason, and thus, the defendant was not in accord with G's opinion.